Updated Information on ISF Rule Covers Late Filings, New Transaction Types, Enforcement


Source: WorldTrade Interactive
Related Topics: Government Agencies

U.S. Customs and Border Protection has posted to its Web site an updated list of answers to frequently asked questions concerning the importer security filing (or 10+2) rule. The new information added to these FAQs includes the following.

  • CBP has begun development of an Internet-based Web portal to accept ISF filings, which will be available no earlier than August. Qualified users will be limited to no more than two ISF filings per day and a maximum of 12 per year. Importers will have to pre-register their importer ID numbers with CBP.
  • CBP currently provides transactional ISF data only to Tier 3 C-TPAT importers upon request, and all other importers need to obtain transactional level data directly from their service providers (i.e., brokers, agents, filers). However, CBP is in the process of developing a data warehouse that will allow importers to create and extract reports from CBP, including the capability to obtain transactional data. CBP will make every effort to deploy this capability to Tier 3 and Tier 2 C-TPAT importers sometime this fall.
  • CBP has created a process whereby a new ISF-10 may be filed to replace an existing ISF-5. This allows a new ISF to be filed after the goods have departed a foreign port and prior to entry release of the goods in the U.S. An active ISF-5 filing must already exist for the shipment against the same bill of lading number in order for the new filing to be valid. The new ISF-10 may be submitted by the original ISF importer (or its agent) or by another party who would then be liable for the ISF-10.
  • An ISF-10 filing can be replaced by an ISF-5 filing. There is no requirement to obtain port director approval for these types of changes.
  • CBP has created a new ISF-10 transaction type, type 11, which is reserved primarily for low-value shipments where formal entry is not required. Importers using type 11will need to provide one of three specified sub-codes as well as an estimated value (U.S. dollars), estimated quantity (smallest external packaging units) and estimated weight (kg or lbs) of their shipment. A bond will not be required to cover the ISF requirements for eligible shipments.
  • For type 3 transactions (household goods and personal effects), an IRS# or CAN# may be provided for the ISF importer and/or the importer of record as long as it has been previously registered with CBP on form 5106. If a social security number or passport number is provided for the ISF importer and/or the importer of record, the full name and date of birth will also have to be provided.
  • Empty containers are exempt from section 149.2, “Importer security filing—requirement, time of transmission, verification of information, update, withdrawal, compliance date.” However, empty containers must be reported via vessel stow plans and container status messages.
  • In the case of FROB, IE and TE cargo, the carrier may not bundle non-related shipments under a single ISF because these shipments are not ultimately “going to” the carrier.
  • Importers who are unable to secure a bond after the deadline required to file an ISF may elect to use ISF submission type 5 “Late ISF-10 - No Bond” or type 6 “Late ISF-5 – No Bond.” The usage of these new submission types is an explicit acknowledgement that the ISF requirements were not properly met and that the ISF is late. CBP reserves the right to take any and all appropriate action (e.g., cargo holds and examinations) to enforce the ISF requirements in these cases. In addition, CBP will closely monitor the usage of these submission types and will pay particular attention to any entity that attempts to utilize them on more than one occasion. These submission types are scheduled to expire June 30, 2011.
  • ISF progress reports were not designed to help CBP enforce the new data requirements and are merely intended as a guide to help importers and filers gauge their level of participation. CBP will evaluate instances of non-compliance on a case-by-case basis and will consider factors surrounding potential violations before applying enforcement actions.

Source Document 1

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